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Chapter 413 Credit Card Dispute Case (1)

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    ?

    Wu You received an order from a bank's legal counsel, and he packaged and assigned the credit card dispute case to Lin Ziyao for handling.

    ?The so-called credit card disputes are disputes in which an individual holding a credit card overdraws the credit card limit and fails to repay it when it expires, and the issuing bank files a lawsuit in the court.

    Today, when credit card consumption is commonplace, there are more and more civil disputes related to credit cards.  Credit card dispute cases have the following characteristics: First, the case growth rate is fast.  With the development of economy and society, the number of credit card users is getting higher and higher. The number of credit card cases accepted continues to rise.  Second, it is difficult to deliver cases and the announcement rate is high.  Credit card cases generally lack a judicial service address, especially the recent implementation of face recognition technology to apply for a credit card, which can be processed only by scanning your face, and there is even a lack of paper credit card application forms.  As a result, more than 70% of the cases need to be judged in absentia after the announcement is served, the litigation cycle is long, and the trial efficiency is low.  Third, the rate of automatic execution of judgments is low.  After the judgment came into effect, the defendant's automatic performance rate was low, and most cases had to enter the enforcement procedure.  Due to the lack of strict inspection when issuing cards, banks are usually unable to provide effective property clues, making implementation difficult.  Fourth, some banks appealed for high overdue interest and late payment fees.  Most of the defendants in credit card cases have no disputes about credit card overdraft and other facts, and the winning rate of banks is high, reaching over 90%.  However, the parties disagreed with the daily overdue interest of 5/10,000, the monthly 5% late payment fee and compound interest charges requested by some banks, and should be reduced.

    However, if the overdraft amount is too large and the overdraft is not repaid, it may involve criminal offenses.

    Generally speaking, a bank will accumulate a certain number of credit card dispute cases and bring them to the court in a unified manner.

    Lin Ziyao took over 20 of them at once, and the package price was 50,000. Although it is not high, but because the credit card case is not complicated, it only takes some trouble to calculate the principal and interest, so it can be regarded as one of the cases that can be sold.  If you can steadily win the agency of the bank's credit card dispute case, although you will not make a fortune, it can be regarded as a very stable and objective income.

    Lin Ziyao spent two days in the bank with the bank's legal specialist to settle the accounts of these 20 people. She even dreamed that she was taking a math test, and was finally awakened by the tension in the dream.  up.

    Mathematics is really a pain for liberal arts students!

    Lin Ziyao's court session was held today, and the bank did not even send staff to attend the court hearing.

    The presiding judge, Du Litian, is an experienced old judge. He can handle credit card dispute cases at his fingertips. He can even try the case with his eyes closed.

    "Hello, Judge Du, I am the attorney representing Bank B." Lin Ziyao stood respectfully in front of Du Litian and said.

    Du Litian was immersed in the research of a difficult case, when he heard someone calling him, he raised his eyes and glanced, and muttered: "Here you are?"

    Lin Ziyao was taken aback for a moment, and then he said "here we are" very cooperatively.

    "Okay, let's get ready for the trial. The defendant didn't show up for these 20 cases?" Du Litian asked the clerk Xiao Liu.

    Xiao Liu has been working as a clerk for Du Litian for more than two years, and he has become familiar with informality. He said: "Of the 20 cases, 15 cases could not be served.  , but no one has been seen yet, and no statement of defense has been provided.¡±

    ?Service by public announcement is the service of litigation documents by way of public announcement. After a certain period of time stipulated by law, it is deemed to have been served.  It is used when the whereabouts of the person to be served is unknown, or it cannot be served by other means.  The service of the domestic announcement shall be deemed to have been delivered after 60 days from the date of issuance of the announcement.  The service of the announcement in the foreign-related civil litigation shall be deemed to have been served within 6 months from the date of the announcement.  Where public announcements are used to serve litigation documents, the reason and process of the announcement service shall be recorded, and the relevant information shall be attached to the file for future reference.

    The court adopts public announcement service, and generally publishes the announcement in the People's Court newspaper.  If the law has special requirements for the announcement method, the announcement shall be made in the required manner.

    Where a copy of the complaint or appeal is served by public notice, the main points of the complaint or appeal, the time limit for the person to be served and the legal consequences of overdue defense shall be stated in the public notice; where the service of the summons is served by public notice, the place, time and date of the overdue date shall be stated.  The legal consequences of appearing in court; if the judgment or award is delivered by announcement, the main content of the judgment shall be explained; if the judgment was made by the court of first instance, the right to appeal, the time limit for appeal and the people's court for appeal shall also be explained.

    The relationship between Du Litian and Xiao Liu is very good. In the court, the relationship between the judge and the clerk is not as simple as a colleague or a superior-subordinate relationship.  Just like an apprentice learning kung fu and skills from the master, when the clerk has completed his studies, he will be able to preside over the case by himself.

    "Then wait a little longer, what if the defendant comes, right?" Du Litian said to Lin Ziyao.??

    Lin Ziyao nodded in agreement.

    Du Litian looked up at the clock hanging on the wall. The scheduled court time was 9:00 in the morning, and it is now 8:45, "Then the court session will start at 9:30.  " said Du Litian.

    "Okay, then I'll go outside and wait for a while." Lin Ziyao walked out of the judge's office after speaking.

    Du Litian bowed his head again and continued to read half of the case file just now

    At 9:30, Du Litian appeared in court on time, not one cent more, not one cent less.  Sitting on the trial seat with Du Litian, there were also two people's assessors, and the three of them formed a collegial panel.

    People's assessors are produced by statutory procedures and represent the people in the people's courts to participate in collegial panel trial activities. They are important manifestations of the people's participation in state management, exercise of judicial power, and supervision of trial work.  People's jurors are relatively fixed, mainly recommended by the grassroots, reviewed by the court, and appointed by the National People's Congress. Each term of office is five years.

    The courtroom is very large and can accommodate 100 people, but now there are only five people sitting in the courtroom, namely the three members of the collegial panel sitting in the trial seat, Xiao Liu sitting in the clerk's seat, and the plaintiff's attorney sitting in the plaintiff's seat  Lawyer Lin Ziyao.

    The entire courtroom seemed empty Speak louder, it seems that there is an echo, as if it has a surround sound effect

    Liu Yifeng whispered to the two people's jurors: "Let's get started."

    "Okay, let's begin." The female juror said.

    "Let's get started," said another male juror.

    Liu Yifeng tapped the gavel and announced: "We will try the first case first. The plaintiff Bank b v. Chen Hua's credit card dispute case is now officially in court." (Remember the website website: www.hlnovel.com
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